As of 1 July 2026, the rules on telemarketing have already been tightened. The exemption for existing customers has been abolished. Anyone wishing to contact consumers by telephone for commercial purposes must obtain their prior consent and be able to demonstrate that such consent was validly obtained. The method of obtaining consent is aligned with the requirements of the GDPR.
Stricter rules are intended to protect consumers from unsolicited communications. This is also reflected in the interpretation of the concept of ‘consent’ in a case before the Court of Justice of the European Union.
On 17 September 2026, the Advocate General concluded in Case C-317/25 (Groupe Canal+) that consent for the use of personal data by “partners” is only valid if the data subjects know who those partners are. According to the Advocate General, a generic reference to “partners” is too vague and does not satisfy the requirement for “informed consent”.
Please note: this concerns an opinion of the Advocate General. The Court of Justice has yet to deliver its judgment.
